Luis Cuadrado v. F.H. Paschen, S.N. Nielsen, 11 WC 45776

The primary issue in the matter of Luis Cuadrado v. F.H. Paschen involved causation between an initial fall at a work site and bilateral knee injuries. The petitioner, a Union concrete finisher, sought a wage differential claiming after the incident he was physically restricted from returning to his job. Throughout the claim, extensive investigation was conducted into the petitioner’s whereabouts and activities including surveillance and securing bank records that confirmed the petitioner was running his own concrete finishing business.

At trial, the Arbitrator awarded a wage differential totaling over $900,000 over the course of petitioner’s lifetime.

The respondent appealed the matter to the Commission where the Arbitrator’s findings on causation of the knee and the wage differential award were overturned. The Commission found that the respondent’s IME doctor was more credible than the treating doctor in light of his greater knowledge of the petitioner’s physical capabilities and medical issues connected with the matter. The Commission also placed greater weight on the respondent’s evidence of the petitioner’s capability to work subsequent to the date of accident. The Commission’s decision reversed the causation finding altogether thereby removing the wage differential award for the knee and saving the client upwards of $900,000.00.

The petitioner appealed to the Circuit Court where the Order of the IWCC was affirmed. The matter is on appeal to the Illinois Appellate Court.